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I am wondering about a certain area of a will. My Mother recently passed away. Her father is still alive and has 4 other children. In general, does a will usually state that in the above case, my mothers' children would receive her portion of my grandfathers’ estate? Or does his estate usually go to the remaining 4 children?

Thanks!

Asked on 8/22/12, 2:03 pm

2 Answers from Attorneys

A will is the document whereby a person states to whom they want their property to go following their death. Typically the person can leave their property to whomever they want. Thus, what "typically occurrs" really does not matter. You need to get a copy of the will to see what your mother intended to do with her property.

If a person dies without a will then the state has a system called "intestate succession" which distributes their property in a manner consistent with the way most people typically like.

You should consult with a local attorney to discuss your options. Let me know if you would like to discuss this.